Archive Decision

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Otago RC – 26 December 2006 – Race 6

ID: JCA22996

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Otago RC - 26 December 2006

Race Date:
2006/12/26

Race Number:
Race 6

Decision: --

Mr Hibberd was charged with a breach of rule 871(1)(d), careless riding, in that in race 6 he permitted his mount BRONTE to shift ground outwards when not sufficiently clear taking the line of SPONGE BOB



--

Mr Hibberd was charged with a breach of rule 871(1)(d), careless riding, in that in race 6 he permitted his mount BRONTE to shift ground outwards when not sufficiently clear taking the line of SPONGE BOB (J Bullard) which clipped a heel and lost its rider. He informed the Committee that he did not admit the breach.

--

--

Facts:

--

Mr Ching, stipendiary steward, had Mr Davidson, assistant stipendiary steward, demonstrate the incident on the videos. He identified Mr Hibberd's and Mr Bullard's mounts and showed that as they were turning for home Mr Hibberd angled out and took Mr Bullard's line. He said the movement in his view was about 1 ? horse widths and that Mr Bullard's line was dictated by Mr Hibberd. As a consequence, Mr Bullard was forced wider on the track, before eventually clipping a heel.

--

--

Mr Bullard gave evidence and stated that he was racing ? of a length back outside Mr Hibberd when Mr Hibberd moved out when not his length and another clear and forced him wider on the track. He said there was pressure from his inside, he tried to avoid Mr Hibberd's mount, there was tightening, he clipped a heel and fell.

--

--

Mr Hibberd accepted that he had taken Mr Bullard's line, stating his horse had taken an extra step when rounding the bend and had "drifted out under its own steam". It was the first time he had ridden BRONTE. He said he was not aware he had checked another horse and could not, at the time, understand how there came to be a riderless horse at the end of the race. He explained BRONTE had held her breath, had not liked being crowded, and had come out a horse width before letting her breath out. He said nobody had yelled out and that the outwards movement was only a stride and was not deliberate. He also commented that the false rail had contributed to some general movement in the field. He said he was not pushing his mount at the time, he was not using the stick, and that the outwards movement, while an error, did not constitute careless riding.

--

--

In reply, Mr Ching demonstrated on the video that Mr Hibberd was urging his mount at the time he had moved out. He stated Mr Hibberd had taken the bend more deeper than Mr Bullard, and thus at a different angle. In his view BRONTE was racing reasonably kindly at the time. He said Mr Hibberd's obligation was to keep a true line or to demonstrate that he was doing all he could to do so. There was, for example, no evidence that he was trying to pull his mount's head around.

--

--

Mr Hibberd re-iterated he was trying to get round the bend as best he could and that BRONTE was not racing generously, and that the horse had been hampered at the ?.

--

--

We indicated to Mr Hibberd that we would give an oral decision which we would incorporate verbatim into our full written decision which we would be available on the Judicial Control Authority website in due course.

--

--

Decision:

--

"Mr Hibberd we find that on turning for home you have permitted your mount BRONTE to drift out into the line of SPONGE BOB causing Mr Bullard to clip a heel and to fall. We are satisfied that there was nothing intentional or deliberate in your actions, and indeed, that you were unaware that Mr Bullard had fallen, but of course that is not necessary for you to be in breach of the rule against careless riding, which is a falling below the standard of a reasonable and prudent jockey in the particular circumstances.

--

--

As Mr Ching has stated you were pushing your horse at the time, although we accept your statement that you were not using the stick. There is no evidence of your attempting to pull your horse off Mr Bullard's mount which was racing about ? of a length behind you. We believe the movement is not sudden but it is a gradual movement of about 1 ? horse widths as Mr Davidson has told us. You were clearly not your length and another clear and as a consequence you took Mr Bullard's line. It is your responsibility to control your mount, and, while we accept she was giving you a difficult ride in that she was not racing generously and was holding her breath, you have drifted out as you were preparing to mount a run home. In these circumstances we find the charge of careless riding proved.

--

--

Penalty:

--

We believe the breach to be mid range, perhaps towards the bottom end. You have drifted out 1? horse widths and the consequence is that a rider was dislodged and the field disrupted. Mr Ching has said that in his view a 2 to 3 day suspension is appropriate.

--

--

There is no mitigation to be given for an admission of the breach. On the other hand, you have an exemplary record over a number of seasons, as Mr Ching has acknowledged, with the only blemish this season being a careless riding charge at Riccarton on 14 October last. Balancing these matters and taking into account the dearth of experienced riders in the South at this time, we suspend you from the end of riding on December 28 at Timaru up to and including 1 January 2007. This is 2 South Island racing days. We also fine you the sum of $200."

--

--

 

--

GG Hall, Chairman

--

G Acklin

--

 

--

 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: dafd02041edea62d2d82dc2f8567a00a


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 26/12/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Otago RC - 26 December 2006 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Mr Hibberd was charged with a breach of rule 871(1)(d), careless riding, in that in race 6 he permitted his mount BRONTE to shift ground outwards when not sufficiently clear taking the line of SPONGE BOB



--

Mr Hibberd was charged with a breach of rule 871(1)(d), careless riding, in that in race 6 he permitted his mount BRONTE to shift ground outwards when not sufficiently clear taking the line of SPONGE BOB (J Bullard) which clipped a heel and lost its rider. He informed the Committee that he did not admit the breach.

--

--

Facts:

--

Mr Ching, stipendiary steward, had Mr Davidson, assistant stipendiary steward, demonstrate the incident on the videos. He identified Mr Hibberd's and Mr Bullard's mounts and showed that as they were turning for home Mr Hibberd angled out and took Mr Bullard's line. He said the movement in his view was about 1 ? horse widths and that Mr Bullard's line was dictated by Mr Hibberd. As a consequence, Mr Bullard was forced wider on the track, before eventually clipping a heel.

--

--

Mr Bullard gave evidence and stated that he was racing ? of a length back outside Mr Hibberd when Mr Hibberd moved out when not his length and another clear and forced him wider on the track. He said there was pressure from his inside, he tried to avoid Mr Hibberd's mount, there was tightening, he clipped a heel and fell.

--

--

Mr Hibberd accepted that he had taken Mr Bullard's line, stating his horse had taken an extra step when rounding the bend and had "drifted out under its own steam". It was the first time he had ridden BRONTE. He said he was not aware he had checked another horse and could not, at the time, understand how there came to be a riderless horse at the end of the race. He explained BRONTE had held her breath, had not liked being crowded, and had come out a horse width before letting her breath out. He said nobody had yelled out and that the outwards movement was only a stride and was not deliberate. He also commented that the false rail had contributed to some general movement in the field. He said he was not pushing his mount at the time, he was not using the stick, and that the outwards movement, while an error, did not constitute careless riding.

--

--

In reply, Mr Ching demonstrated on the video that Mr Hibberd was urging his mount at the time he had moved out. He stated Mr Hibberd had taken the bend more deeper than Mr Bullard, and thus at a different angle. In his view BRONTE was racing reasonably kindly at the time. He said Mr Hibberd's obligation was to keep a true line or to demonstrate that he was doing all he could to do so. There was, for example, no evidence that he was trying to pull his mount's head around.

--

--

Mr Hibberd re-iterated he was trying to get round the bend as best he could and that BRONTE was not racing generously, and that the horse had been hampered at the ?.

--

--

We indicated to Mr Hibberd that we would give an oral decision which we would incorporate verbatim into our full written decision which we would be available on the Judicial Control Authority website in due course.

--

--

Decision:

--

"Mr Hibberd we find that on turning for home you have permitted your mount BRONTE to drift out into the line of SPONGE BOB causing Mr Bullard to clip a heel and to fall. We are satisfied that there was nothing intentional or deliberate in your actions, and indeed, that you were unaware that Mr Bullard had fallen, but of course that is not necessary for you to be in breach of the rule against careless riding, which is a falling below the standard of a reasonable and prudent jockey in the particular circumstances.

--

--

As Mr Ching has stated you were pushing your horse at the time, although we accept your statement that you were not using the stick. There is no evidence of your attempting to pull your horse off Mr Bullard's mount which was racing about ? of a length behind you. We believe the movement is not sudden but it is a gradual movement of about 1 ? horse widths as Mr Davidson has told us. You were clearly not your length and another clear and as a consequence you took Mr Bullard's line. It is your responsibility to control your mount, and, while we accept she was giving you a difficult ride in that she was not racing generously and was holding her breath, you have drifted out as you were preparing to mount a run home. In these circumstances we find the charge of careless riding proved.

--

--

Penalty:

--

We believe the breach to be mid range, perhaps towards the bottom end. You have drifted out 1? horse widths and the consequence is that a rider was dislodged and the field disrupted. Mr Ching has said that in his view a 2 to 3 day suspension is appropriate.

--

--

There is no mitigation to be given for an admission of the breach. On the other hand, you have an exemplary record over a number of seasons, as Mr Ching has acknowledged, with the only blemish this season being a careless riding charge at Riccarton on 14 October last. Balancing these matters and taking into account the dearth of experienced riders in the South at this time, we suspend you from the end of riding on December 28 at Timaru up to and including 1 January 2007. This is 2 South Island racing days. We also fine you the sum of $200."

--

--

 

--

GG Hall, Chairman

--

G Acklin

--

 

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 471a4facb63186641cb9a1e6d0def96f


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race_emailed1: 0


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race_title: Race 6


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meetdate: 26/12/2006


meet_title: Otago RC - 26 December 2006


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